WSR 14-11-036

PROPOSED RULES

[Filed May 14, 2014, 10:55 a.m.]

Proposal is exempt under RCW 70.94.141(1).

Title of Rule and Other Identifying Information: Spokane Regional Clean Air Agency (SRCAA), Regulation I, Article VIII, Solid Fuel Burning Device Standards. Article VIII establishes emission standards, certification standards and procedures, curtailment rules and fuel restrictions for solid fuel burning devices (SFBD). It is designed to reduce harmful wood smoke emissions and maintain compliance with the national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5).

Hearing Location(s): SRCAA, 3104 East Augusta Avenue, Spokane, WA 99207, on July 10, 2014, at 9:30 a.m.

Date of Intended Adoption: July 10, 2014.

Submit Written Comments to: Mark Rowe, 3104 East Augusta Avenue, Spokane, WA 99207, e-mail mrowe@spokanecleanair.org, fax (509) 477-6828, by June 20, 2014.

Assistance for Persons with Disabilities: Contact Barbara Nelson by June 20, 2014, (509) 477-4727 ext. 116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The primary intent of the rule making is to align SRCAA's stated procedure for issuing SFBD curtailments (Section 8.07) with Washington state law (RCW 70.94.473), which establishes the criteria for Stage 1 and Stage 2 burn bans. The Washington state legislature's 2008 amendment of RCW 70.94.473 supersedes SRCAA Regulation I, Article VIII. Incorporating the amended RCW into Article VIII, Section 8.07 will not affect SRCAA's practices with respect to the issuance of burn bans because the agency already implements the statute as required.

Included in the proposal are substantive changes to Section 8.08, Exemptions, which provides a means for individuals to obtain authorization from SRCAA to use an SFBD under certain well-defined circumstances when it would otherwise be prohibited during a burn ban. The proposed changes will have the following effects:

Other proposed changes to Article VIII: Section 8.09, Procedure to Geographically Limit Solid Fuel Burning Devices, will be updated to reflect that the former Spokane PM10 nonattainment area is now a maintenance area. Fireplaces will no longer be exempt from contingency measures in the event of a PM10 NAAQS violation. Section 8.10, Restrictions on Installation and Sales of Solid Fuel Burning Devices, will clarify that any SFBD sold or installed within SRCAA's jurisdiction must be a Washington certified device. The meanings of the following terms are clarified in Section 8.03, Definitions: The terms "certified," "Washington certified device," "EPA certified," and "Oregon certified" are refined for clarity. Coal stoves are further defined as not configured for or capable of burning cordwood. The definition of "furnace" will be removed. The definition of "wood stove" will be revised for better consistency with state regulations.

Reasons Supporting Proposal: SRCAA must update the burning curtailment criteria (Section 8.08) to align it with RCW 70.94.473. The rule is included in the Spokane Area PM10 limited maintenance plan and the United States Environmental Protection Agency requires its consistency with Washington state law as a condition for approval of the second ten year PM10 limited maintenance plan, which is due this year.

Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380.

Statute Being Implemented: RCW 70.94.453, 70.94.455, 70.94.457, 70.94.460, 70.94.463, 70.94.470, 70.94.473, and 70.94.477.

Name of Proponent: SRCAA, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Mark Rowe and Matt Holmquist, 3104 East Augusta Avenue, Spokane, WA 99207, (509) 477-4727; and Enforcement: Matt Holmquist, 3104 East Augusta Avenue, Spokane, WA 99207, (509) 477-4727.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 19.85 RCW does not apply to local air pollution control authority rule development or amendments.

A cost-benefit analysis is not required under RCW 34.05.328. This is a local agency rule and, pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply.

May 14, 2014

Mark E. Rowe

Air Quality Technician

SPOKANE REGIONAL CLEAN AIR AGENCY (SRCAA) REGULATION I, ARTICLE VIII - SOLID FUEL BURNING DEVICE STANDARDS

This article establishes emission standards, certification standards and procedures, curtailment rules, and fuel restrictions for solid fuel burning devices in order to attain the National Ambient Air Quality Standards for fine particulate matter (PM2.5) and to further the policy of the Agency as stated in Article I, Section 1.01 of this Regulation.

The provisions of this article apply to solid fuel burning devices in all areas of Spokane County.

Unless a different meaning is clearly required by context, words and phrases used in this article shall have the following meaning:

((A. Adequate Source of Heat means a permanently installed furnace or heating system, connected or disconnected from its energy source, designed to heat utilizing oil, natural gas, electricity, or propane and to maintain seventy degrees Fahrenheit at a point three feet above the floor in all normally inhabited areas of a residence or commercial establishment.))

A. Agency means the Spokane Regional Clean Air Agency.

((B. Certified means a solid fuel burning device has been determined by Ecology to meet emission performance standards, pursuant to RCW 70.94.457 and WAC 173-433-100.))

((C)) B. Coal stove means an enclosed, coal burning appliance capable of and intended for residential space heating, domestic water heating or indoor cooking, which has ((substantially)) all the following characteristics:

1. An opening for loading coal which is located near the top or side of the appliance; and

2. An opening for emptying ash which is located near the bottom or the side of the appliance; and

3. A system which admits air primarily up and through the fuel bed; and

4. A grate or other similar device for shaking or disturbing the fuel bed; and

5. Listing by a nationally recognized safety testing laboratory for use of coal only, except for coal ignition purposes((.)); and

6. Not configured or capable of burning cordwood.

((D)) C. Cook stove means an appliance designed with the primary function of cooking food and containing an integrally built in oven with a volume of 1 cubic foot or greater where the cooking surface measured in square inches or square feet is one and one-half times greater than the firebox measured in cubic inches or cubic feet (e.g. a firebox of 2 cubic feet would require a cooking surface of at least 3 square feet).((, with)) It must have an internal temperature indicator and oven rack, around which the fire is vented, as well as a shaker grate ash pan and an ash cleanout below the firebox. Any device with a fan or heat channels used to dissipate heat into the room shall not be considered a cook stove. A portion of at least four sides of the oven must be exposed to the flame path during the oven heating cycle, while a flue gas bypass will be permitted for temperature control. Devices designed or advertised as room heaters that also bake or cook do not qualify as cook stoves.

((E)) D. Ecology means the Washington State Department of Ecology.

((F)) E. EPA means the United States Environmental Protection Agency or the Administrator of the United States Environmental Protection Agency or his/her designated representative.

G. Fireplace means a permanently installed masonry fireplace; or a factory-built solid fuel burning device designed to be used with an air-to-fuel ratio greater than or equal to thirty-five to one and without features to control the inlet air-to-fuel ratio other than doors or windows such as may be incorporated into the fireplace design for reasons of safety, building code requirements, or aesthetics.

((H. Furnace means a device which is designed and installed to heat an entire multiple room structure by forcing heated air through permanently installed ducts or by forcing heated water or steam through pipes which result in convective or direct radiation of heat into the rooms.))

H. National Ambient Air Quality Standards (NAAQS; 40 CFR 50) means outdoor air quality standards established by the United States Environmental Protection Agency under authority of the federal Clean Air Act. EPA set standards for six principal air pollutants, called "criteria" pollutants, under the NAAQS. The criteria pollutants are carbon monoxide, sulfur dioxide, nitrogen dioxide, lead, ozone and particulate matter (PM2.5 and PM10).

I. ((Reasonable Further Progress has the same meaning as in Section 171(1) of the Federal Clean Air Act (42 USC 7501).)) Nonaffected pellet stove means that a pellet stove has an air-to-fuel ratio equal to or greater than 35:1 when tested by an accredited laboratory in accordance with methods and procedures specified by the EPA in "40 C.F.R. 60 Appendix A, REFERENCE METHOD 28A - MEASUREMENT OF AIR TO FUEL RATIO AND MINIMUM ACHIEVABLE BURN RATES FOR WOOD-FIRED APPLIANCES" as amended through July 1, 1990.

L. PM2.5 means particulate matter with a nominal aerodynamic diameter of two and one half micrometers and smaller measured as an ambient mass concentration in units of micrograms per cubic meter of air. Also called fine particulate matter.

((J)) N. Seasoned Wood means wood of any species that has been sufficiently dried so as to contain twenty percent or less moisture by weight.

((K)) O. Solid Fuel Burning Device ((same as solid fuel heating device)) means a device that is designed to burn wood, coal, or any other nongaseous or nonliquid fuels, and includes woodstoves, coal stoves, cook stoves, pellet stoves, and fireplaces, or any similar device burning any solid fuel. It includes devices used for aesthetic or space-heating purposes in a private residence or commercial establishment, which ((has)) have a heat input less than one million British thermal units per hour.

((L)) P. Smoke Control Zone means the ((geographic area, impacted by solid fuel combustion smoke, surrounding the)) Spokane/Spokane Valley Metropolitan area and((,)) surrounding geographic areas affected by combustion smoke from solid fuel burning devices, after consideration of the contribution of ((noncertified solid fuel burning)) devices that are not Washington certified devices, population density and urbanization, and ((impact to)) effect on the public health (RCW 70.94.477 (2)(a), (b) and (c)), is defined as follows:

Sections 1 through 6, Township 24 N, Range 42 E; Townships 25 and 26 N, Range 42 E; Sections 1 through 24, Township 24 N, Range 43 N; Townships 25, 26 and 27 N, Range 43 E; Sections 19 through 36, Township 28 N, Range 43 E; Sections 1 through 24, Township 24 N, Range 44 E; Township 25 N, Range 44 E; Sections 19 through 36, Township 26 N, Range 44 E; Township 25 N, Range 45 E; Sections 1 through 4, 9 through 16 and 19 through 36, Township 26 N, Range 45 E; Sections 33 through 36, Township 27 N, Range 45 E; Sections 6, 7, 18, 19, 30, and 31, Township 25 N, Range 46 E; Sections 6, 7, 18, 19, 30 and 31, Township 26 N, Range 46 E; Section 31, Township 27 N, Range 46 E.

((M. Substantially Remodeled means any alteration or restoration of a building exceeding sixty percent of the appraised value of such building within a twelve-month period (RCW 70.94.455).

N)) R. Treated Wood means wood of any species that has been chemically impregnated, painted, or similarly modified to improve resistance to insects, fungus or weathering.

((O)) T. Woodstove means ((a wood fueled appliance other than a cook stove with a closed fire chamber which maintains an air-to-fuel ratio of less than thirty-five to one during the burning of ninety percent or more of the fuel mass consumed at the minimum burn rate achievable. Any combination of parts, typically consisting of but not limited to, doors, legs, flue pipe collars, brackets, bolts and other hardware, when manufactured for the purpose of being assembled, with or without additional owner supplied parts, into a woodstove, is considered a woodstove.)) an enclosed solid fuel burning device capable of and intended for residential space heating and domestic water heating that meets the following criteria contained in "40 C.F.R. 60 Subpart AAA - Standards of Performance for Residential Wood Heaters" as amended through July 1, 1990:

Any combination of parts, typically consisting of but not limited to: doors, legs, flue pipe collars, brackets, bolts and other hardware, when manufactured for the purpose of being assembled, with or without additional owner supplied parts, into a woodstove, is considered a woodstove.

The Agency adopts ((section WAC 173-433-100 "Emission Performance Standards" and)) Chapter 173-433 WAC by reference and Title 40, Part 60, Subpart AAA of the Code of Federal Regulations "Standards of Performance for New Residential Wood Heaters" by reference.

A. Opacity Limit

A person shall not cause or allow emission of a smoke plume from any solid fuel burning device to exceed an average of twenty percent opacity for six consecutive minutes in any one-hour period.

B. Test ((m))Method and ((p))Procedures((.))

EPA reference method 9 - Visual Determination of Opacity of Emissions from Stationary Sources - shall be used to determine compliance with Section 8.05.A.

C. Enforcement((.))

Smoke visible from a chimney, flue or exhaust duct in excess of the opacity ((standard)) limit shall constitute prima facie evidence of unlawful operation of an applicable solid fuel burning device. This presumption may be refuted by demonstration that the smoke was not caused by an applicable solid fuel burning device. The provisions of this requirement shall not apply during the starting of a new fire for a period not to exceed twenty minutes in any four-hour period.

A person shall not cause or allow any of the following materials to be burned in a solid fuel burning device:

A. Garbage;

B. Treated wood (defined in Section 8.03);

C. Plastic products;

D. Rubber products;

E. Animals;

F. Asphaltic products;

G. Waste petroleum products;

H. Paints;

I. Any substance, other than properly seasoned fuel wood, or coal with sulfur content less than 1.0% by weight burned in a coal stove, which normally emits dense smoke or obnoxious odors;

J. Paper, other than an amount of non-colored paper necessary to start a fire.

A. Except as provided in Section 8.08, no person shall operate a solid fuel burning device within a defined geographical area under any of the following conditions:

1. Air Pollution Episode

Whenever Ecology has declared curtailment under an alert, warning, or emergency air pollution episode for the geographical area pursuant to ((c))Chapter 173-435 WAC and RCW 70.94.715.

2. Stage 1 Burn Ban

Whenever the Agency has declared curtailment under a first stage of impaired air quality for the Smoke Control Zone or other geographical area unless the solid fuel burning device is one of the following:

a. A nonaffected pellet stove; or

b. A Washington Certified Device ((A solid fuel burning device has been determined by Ecology to meet emission performance standards, pursuant to RCW 70.94.457 and WAC 173-433-100)); or

c. An EPA Certified Woodstove ((A woodstove certified and labeled by EPA under "40 SFR CFR 60 Subpart AAA - Standards of Performance for Residential Wood Heaters")); or

d. An Oregon Certified Woodstove ((A woodstove meeting the "Oregon Department of Environmental Quality Phase 2" emissions standards contained in Subsection (1) and (2) of Section 340-340-262-0110, and certified in accordance with "Oregon Administrative Rules, Chapter 340, Division 262 – Woodstove Certification" Dated November 1999.))

In Spokane County ((until June 30, 2009)) as allowed by RCW 70.94.473 (1)(b)(i) ((§1(2) (Effective July 22, 2007))) a first stage of impaired air quality is reached and curtailment may be declared when the Agency determines that ((particulates)) particulate matter with a nominal aerodynamic diameter of two and one half ((microns)) micrometers and smaller ((in diameter)) (PM2.5) ((measured at any location inside Spokane County at an ambient level of twenty micrograms per cubic meter of air by a method which has been determined, by Ecology or the Agency, to have a reliable correlation to the federal reference method, CFR Title 40 Part 50 Appendix L, or equivalent)), measured as an ambient mass concentration at any location within Spokane County using a method which has been determined by Ecology or the Agency to have a reliable correlation to the federal reference method, CFR Title 40 Part 50 Appendix L, and updated hourly as a twenty-four hour running average, is likely to exceed thirty-five micrograms per cubic meter of air within forty-eight hours based on forecasted meteorological conditions.

3. Stage 2 Burn Ban

Whenever the Agency has declared curtailment under a second stage of impaired air quality for the Smoke Control Zone or other geographical area. In Spokane County ((until June 30, 2009)) as allowed by RCW 70.94.473 (1)(c)(ii) ((§1(2) (Effective July 22, 2007))) a second stage of impaired air quality is reached and curtailment may be declared whenever all of the following criteria are met:

ii. ((particulates two and one half microns and smaller in diameter (PM2.5) are)) A twenty-four hour running average PM2.5 ambient mass concentration equal to or greater than twenty-five micrograms per cubic meter of air is measured at any location inside Spokane County ((at an ambient level of thirty micrograms per cubic meter of air by)) using a method which has been determined by Ecology or the Agency to have a reliable correlation to the federal reference method, CFR Title 40 Part 50 Appendix L, or equivalent; and

iii. The Agency does not expect meteorological conditions to allow ambient mass concentrations of PM2.5 measured as a twenty-four hour running average to decline below twenty-five micrograms per cubic meter of air for a period of twenty-four hours or more from the time that it is measured at that concentration.

Issuance of a second stage burn ban without an existing first stage burn ban shall require the Agency to comply with RCW 70.94.473(3).

4. The following matrix graphically illustrates the applicability of Sections 8.07.A.1-3 of this Regulation.

((4. After July 1, 1995, if the limitation in RCW 70.94.477(2) is exercised, following the procedure in Section 8.09, and the Agency has declared curtailment under a single stage of impaired air quality for the Smoke Control Zone or other geographical area. A single stage of impaired air quality is reached and curtailment may be declared when particulates two and one half microns and smaller in diameter (PM2.5) are measured at any location inside Spokane County at an ambient level of twenty five micrograms per cubic meter of air by a method which has been determined, by Ecology or the Agency, to have a reliable correlation to the federal reference method, CFR Title 40 Part 50 Appendix L, or equivalent.))

5. After July 1, 1995, if the limitation in RCW 70.94.477(2) is exercised, following the procedure in Section 8.09 (Procedure to Geographically Limit Solid Fuel Burning Devices), and the solid fuel burning device is not one of the following:

((a. A fireplace

b)) a. A nonaffected pellet stove; or

((c)) b. Washington Certified Device ((A solid fuel burning device has been determined by Ecology to meet emission performance standards, pursuant to RCW 70.94.457 and WAC 173-433-100)); or

((d)) c. EPA Certified Woodstove ((A woodstove certified and labeled by EPA under "40 SFR 60 Subpart AAA - Standards of Performance for Residential Wood Heaters")); or

((e)) d. Oregon Certified Woodstove ((A woodstove meeting the "Oregon Department of Environmental Quality Phase 2" emissions standards contained in Subsection (1) and (2) of Section 340-340-262-0110, and certified in accordance with "Oregon Administrative Rules, Chapter 340, Division 262 – Woodstove Certification" Dated November 1999.))

B. In consideration of declaring curtailment under a stage of impaired air quality, the Agency shall consider the anticipated beneficial effect on ambient ((levels of particulates two and one half microns and smaller in diameter (PM2.5))) concentrations of PM2.5, taking into account meteorological factors, the contribution of emission sources other than solid fuel burning devices, and any other factors deemed to ((have an impact)) affect the PM2.5 mass concentration.

C. Any person responsible for a solid fuel burning device which is subject to curtailment and is already in operation at the time curtailment is declared under an episode or a stage of impaired air quality shall extinguish that device by withholding new solid fuel for the duration of the episode or impaired air quality. Smoke visible from a chimney, flue or exhaust duct after a time period of three (3) hours has elapsed from the time of declaration of curtailment under an episode or a stage of impaired air quality shall constitute prima facie evidence of unlawful operation of an applicable solid fuel burning device. This presumption may be refuted by demonstration that smoke was not caused by an applicable solid fuel burning device.

D. The Agency, Ecology, Spokane County Health District, fire departments, fire districts, Spokane County Sheriff's Department, or local police having jurisdiction in the area may enforce compliance with solid fuel burning device curtailment after a time period of three (3) hours has elapsed from the time of declaration of curtailment under an episode or a stage of impaired air quality.

A. Categories

The provisions of Section 8.07 shall not apply to any person who possesses a valid written exemption for his/her residence, issued by the Agency. The Agency may issue written exemptions for residences if any one of the following is demonstrated to the satisfaction of the Agency:

1. Low Income

An economic need to burn solid fuel for residential space heating purposes by qualifying through Spokane Neighborhood Action Partners (SNAP) for energy assistance according to economic guidelines established by the U.S. Office of Management and Budget under the low income energy assistance program (L.I.E.A.P.).

2. No Adequate Source of Heat

((That his/her heating system, other than a solid fuel heating device, is inoperable for reasons other than his/her own actions.)) An exemption may be issued if all of the following apply:

3. Primary Heating Source Temporarily Inoperable

((3. That there is no adequate source of heat and the structure was constructed or substantially remodeled prior to July 1, 1992.

4. That there is no adequate source of heat and the structure was constructed or substantially remodeled after July 1, 1992 and is outside an urban growth area, as defined in RCW 36.70A.))

B. Exemption Duration and Renewals

Written exemptions shall be valid for a period determined by the Agency, which shall not exceed one (1) year from the date of issuance. Exemptions in Section 8.08.A.1 & 2 may be renewed by the Agency, provided the applicant meets the applicable requirements at the time of exemption renewal. For renewals under Section 8.08.A.1, the applicant must demonstrate the low income status is met each time application is made. Exemption requests may be denied by the Agency, regardless of the applicant's exemption history.

((C. The provisions of Section 8.07 and the requirement in Section 8.08.A. to obtain a written exemption shall not apply to any person who operates a furnace that is designed to burn wood, coal, or any other nongaseous or non-liquid fuels.))

A. ((After July 1, 1995, if)) If the EPA finds that the Spokane PM10 ((Nonattainment)) Maintenance Area((, as defined in CFR Title 40, Part 81, has either:

3. Violated a National Ambient Air Quality Standard for PM10 after redesignation as an attainment area,)) has violated a National Ambient Air Quality Standard for PM10 and emissions from solid fuel burning devices are determined by the EPA, in consultation with Ecology and the Agency, to be a contributing factor to such failure or violation, then one year after such determination, the use of solid fuel burning devices not meeting the standards set forth in RCW 70.94.457 and WAC 173-433-100, is restricted to areas outside the Smoke Control Zone.

B. Within 30 days of the determination pursuant to Section 8.09.A((.)), the Agency shall publish a public notice in a newspaper of general circulation, informing the public of such determination and of the date by which such restriction on the use of solid fuel burning devices becomes effective.

C. Nothing in Section 8.09 shall apply to ((the use of fireplaces or to)) persons who have obtained an exemption pursuant to Section 8.08((.A.1)).

A. Installation of Solid Fuel Burning Devices

((After July 1, 1992, n))No person shall install a new or used solid fuel burning device that is not a Washington certified device in any new or existing building or structure unless the device is a cook stove((, a fireplace,)) or a device which has been rendered permanently inoperable.

B. Sale or Transfer of Solid Fuel Burning Devices

((After July 1, 1992, n))No person shall sell, offer for sale, advertise for sale, or otherwise transfer a new or used solid fuel burning device that is not a Washington certified device to another person unless the device is a cook stove((, a fireplace,)) or a device which has been rendered permanently inoperable (RCW 70.94.457 (1)(a)).

C. Sale or Transfer of Fireplaces

((After January 1, 1997, n))No person shall sell, offer for sale, advertise for sale, or otherwise transfer a new or used fireplace to another person, except masonry fireplaces, unless such fireplace meets the 1990 United States environmental protection agency standards for wood stoves or equivalent standard that may be established by the state building code council by rule (RCW 70.94.457 (1)(b)).

D. Sale or Transfer of Masonry Fireplaces

((After January 1, 1997, n))No person shall build, sell, offer for sale, advertise for sale, or otherwise transfer a new or used masonry fireplace, unless such fireplace meets Washington State building code design standards as established by the state building code council by rule (RCW 70.94.457 (1)(c)).

A person in violation of this article may be subject to the provisions of Article II, Section 2.11((,)) - Penalties.